IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003744
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct social security number (SSN).
2. He states that the SSN on his DD Form 214 is incorrect.
3. The applicant provides a copy of his social security card and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Regular Army on 11 December 1973 for a period of 2 years. Item 1 (Service Number/SSN) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his SSN as "9xx-0x-0xx." This entry was lined out and the handwritten entry "2xx-9x-0xxx was added."
3. His records contain various personnel and medical documents, separation orders and his Report of Medical History that show his "SSN" as "9xx-0x-0xxx."
4. He was honorably discharged on 8 May 1974. Item 3 of his DD Form 214 shows his "SSN" as "9xx-0x-0xxx."
5. He submitted a copy of a social security card issued on, 7 December 2009, that contains his name and the SSN of "2xx-9x-0xxx."
6. Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number (TIN)), version effective 1 July 1969, announced the use of the SSN in lieu of military service numbers. A TIN would be issued during the pre-enlistment processing for entrance into the active Army to those individuals who did not have an SSN. The TIN was a 9-digit number that always began with the number "9." Upon receipt of an SSN, the TIN entry on all records would be lined out and the SSAN would be entered.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the RA on
11 December 1973. It appears the applicant did not have his SSN card when he enlisted and item 1 of his DD Form 4 shows he was issued a TIN of "9xx-0x-0xxx." Although the TIN of "9xx-0x-0xxx was lined out and the SSN of "2xx-9x-0xxx was handwritten in, there is no evidence that shows when he was issued that SSN. Furthermore, he consistently used the TIN throughout his entire period of military service. He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct "SSN." He did not use the SSN shown on his social security card he provided with his application to this Board during the time he served on active service.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.
4. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant him relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110003744
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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